Restoration of Competency

The Ward can have the guardianship reversed and be restored to competency. The Ward, the Guardian, or any other interested person can ask the Clerk of Superior Court to re-open the case by filing a written motion or petition if the guardianship is administered in Forsyth County.

When a Ward seeks restoration to Competency, he or she is entitled to a court hearing before the clerk and, if desired, a jury. The Ward is also entitled to be represented by a privately retained attorney, but the clerk will appoint a guardian ad litem to represent him or her.. The Ward must prove at the hearing that he or she is able to manage his or her own affairs and make and communicate important decisions concerning his or her self, family, and property. When someone is restored to competency, the Guardian is dismissed and the former Ward is authorized to manage his or her own affairs and exercise rights as if he or she had never been declared incompetent. Partial restoration to some rights is an alternative to full restoration.

Alternatives to Guardianship and Incompetency:

For information about health care powers of attorney and living wills (health care directives), please visit the North Carolina Secretary of State’s Advanced Health Care Directive Registry. (http://www.secretary.state.nc.us/ahcdr/)

State Law prohibits the Clerk’s Office staff from; providing any legal advice, providing instructions for completing forms, referring an attorney, or recommending specific ways to pursue legal actioState Law prohibits the Clerk’s Office staff from; providing any legal advice, providing instructions for completing forms, referring an attorney, or recommending specific ways to  pursue legal action.